dismissed
H-1B
dismissed H-1B Case: Software Consulting
Decision Summary
The appeal was dismissed as moot. USCIS records indicated that a subsequent Form I-129 petition filed by the Petitioner for the same Beneficiary had already been approved, making further pursuit of the current appeal unnecessary.
Criteria Discussed
Mootness Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 4552053 Appeal of Vermont Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 30, 2020 The Petitioner, a software consulting firm, seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 101(a)(l5)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position . The Director of the Vermont Service Center denied the petition. U.S. Citizenship and Immigration Services records indicate that a subsequent Form I-129, Petition for Nonimmigrant Worker, filed by the Petitioner has been approved for the Beneficiary and, thus, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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